Over-50

Remembering When We Felt We Had Power

It's a very dark day for Sherwin-Williams.

And its stock price reflects that. The shorts could move in.

Today, the U.S. Supreme Court refused to review Sherwin-Williams' conviction in the Santa Clara, California public nuisance class action lead paint trial.

That leaves the conviction intact. And that means that the paint company which once manufactured and marketed lead paint is wide open territory for copycat lawsuits - both throughout CA and the rest of the nation.

Those lead paint lawsuits, at the state level, could be, if won, a windfall for government. Both the plaintiff bar and defense lawyers could enjoy a rush of new business. Plaintiff law firms such as Motley Rice can be hired by the prosecution on contingency to assist with the litigation against those sophisticated lawyers from white shoe large law firms such as Jones Day. 

In Bloomberg, Greg Stohr reports:

"The U.S. Supreme Court rejected appeals from Sherwin-Williams [Sherwin-Williams v. California)  and Conagra Brands Inc., leaving intact a ruling that requires them to pay more than $400 million for lead-paint remediation in California."

The carnage extends beyond lead paint. Now so many other industries could be perceived as sitting ducks for public nuisance lawsuits. They include BigPharma for how it marketed opioids. A grim book about that is "Dopesick" by Beth Macy. It is 1,311 on Amazon. Here it can be ordered.

In Ohio, where the opioid epidemic can't be contained, the attorney general had already filed a public nuisance lawsuit about pharmaceutical companies. It's being settled. More states may also take that legal step.

Other industries targeted for public nuisance litigation range from energy (blamed for climate change) to firearms (the theory that guns are primary cause of violence). 

It's interesting to note that business trade associations and the U.S. Chamber of Commerce had been busy bees in composing and submitting amicus briefs. They huffed and they puffed and they couldn't blow public nuisance away.

That says a lot about the power of public nuisance. Even the top court of the land rules not to intervene in a conviction against two major corporations. In addition, it bears witness to the reality that they have to change how they lobby. 

Earlier, the CA appeals court upheld the conviction. And the CA Supreme Court refused to even review it. 

America, despite the intense conservative movement, could be returning to the era of consumer and worker protection. That was when litigation against tobacco and asbestos thrived. At the level of the individual, Ralph Nader mobilized not only the courts but the grassroots through his Nader Raiders. New versions of Naderism can sweep the land, mobilizing Everyman and Everywoman. 

To resurrect the counterculture meme: Power to the People. 

Full Disclosure: I had blogged the Rhode Island lead paint public nuisance class action litigation (2005-2006). Then and now I question the effectiveness of the public relations agencies officially in the loop. Are they operating in the 20th century?

Attention is the currency of the 21^st century. Jane Genova helps you get it for products, services, points of view, causes, branding, careers after-50, and college admission.

In addition, this blog welcomes sponsored content.

Free consultation janegenova374@gmail.com

 

The Good Life Isn't Costing $5 Million

Opioids, energy production, lead paint, and the two barking dogs next dog. All have been alleged to or actually been convicted of creating a public nuisance.

To those categories of products, services, and creatures might be added financial services firms.

Increasingly, they are developing extreme anxiety in all generations, ranging from iGen to Silent.

They are doing that by hammering the message that all of those human beings could run out of money before they run out of years. Here is the typical scare-tactic article published in MarketWatch. 

The reality is this: No one knows the future - not on the macro level and not on the level of the finances of each human being.

Yet, usually with great authority the financial services firms predict millions of dollars will be needed for retirement or semi-retirement. And, even with that kind of nest eggs, the aging could wind up homeless.

Meanwhile, here is life as it is being lived and probably will continued to be lived: Many of those who did not pay much attention to building a nest egg or lost much of it in the two economic downturns in the 21st century essentially are managing to do just fine. There are exceptions of course. But usually their dire poverty or homelessness results from factors other than aging and not having a portfolio of five million dollars.

For 27 months I lived among those who were essentially dependent on Social Security. The setting was southwestern Arizona. 

They had had the financial common sense to relocate from more expensive areas of the U.S.

When they arrived they hunkered down in studio apartments and often got on waiting lists for government subsidized housing for the aging. In the common rooms of those residential complexes were items they didn't need, which they left for others who would find them useful. That sharing reminded me of my counterculture youth. 

I didn't hear a peep of envy from my neighbors about the other half who had paid attention to the nest egg and lived in posh retirement communities in Oro Valley, AZ.

The ethos was being grateful to have enough. That might be called The New Minimalism. There was no hunger for more.

The pilgrims mastered the wonderful bus system in metro regions such as Tucson, Arizona. Cars weren't necessary.

Because age bias is less in areas such as Tucson and Phoenix, they were able to land part-time employment at the local Fry's Supermarket and Home Depot. When I was consulting at the latter, the staff was celebrating a clerk's 80th birthday. 

No one, including myself, has their undies in a bunch that Social Security monthly payment might get cut by about 23% by 2034. The MarketWatch article sternly warns readers that will happen sooner than they think. But, what about not thinking about it, at least not as a form of daily angst ritual!

Yes, the lifestyle in southwestern AZ has become more expensive, very recently. That's because of the influx of those from California who are fleeing that state's high cost of living.

But, those I had spoken with held out the option, if AZ got too pricey, to relocate to Mexico, Ecuador, or Belize. In parts of those nations, it is possible to get by on $700 a month. That's about half the average Social Security monthly payment. 

The above is what I know. I lived it. 

So, if the financial services industry doesn't back off with the statistical theatrics then some of us should find a clever plaintiff law firm. We should play around with the idea of filing a class action lawsuit. In it we would contend that the promotional tactics constitute a public nuisance.

We request two things.

One is injunctive relief: Totally halt the scare tactics.

The other is damages for harm done.

The harm done to us and those who love us has been significant.

Before I realized I was doing jolly fine, I had lost many a night's sleep, gained 50 pounds from antidepressant medications, and, get this, had moved all the way to AZ from Connecticut.

I moved back east, as least as far east as I could afford, when I recovered from the panic triggered by all that marketing material distributed by financial services firms.

Of course, I could run low on money. Any one could. If so, there are myriad expat living options. 

Until we decide whether to sue, let's get the message out that the financial services industry can huff and puff.

But it won't blow away our trust in our ability to financially cope with whatever. 

Attention is the currency of the 21^st century. Jane Genova helps you get it for products, services, points of view, causes, branding, careers after-50, and college admission.

In addition, this blog welcomes sponsored content.

Free consultation janegenova374@gmail.com

Collective Action for Contract Workers - UK Model

In the UK, IWGB represents Uber drivers.

That union - Independent Workers Union of Great Britain- is the advocate of gig workers. And, in its recent activities on behalf of Uber drivers, it is pushing to have them reclassified as legal entities closer to employees or even employees. 

Tomorrow, the IWGB, reports TechCrunch, has authorized a strike by Uber drivers. It will last for about a day. That's plenty of time to disrupt the lives of those who have become dependent on ride-hailing services.

What IWGB wants for those Uber drivers includes:

• The end to unfair terminations 
• Increase in fares
• Reduction of the commission paid to Uber
• Better overall working conditions.

This protection from unionization is a development gig workers around the world should research. Among full-time employees the power of unions may be declining. However, unions could begin to scale again in the gig economy. Organizers should take a look at that opportunity.

There is power in the gig economy to shut down an entire nation. The missing piece in collective action is not being organized. 

Attention is the currency of the 21^st century. Jane Genova helps you get it for products, services, points of view, causes, branding, careers after-50, and college admission.

In addition, this blog welcomes sponsored content.

Free consultation janegenova374@gmail.com

 

"Animal House" Was Tame, Compared to This Allegation by Julie Swetnick

The day before the career-make-it-or-break-it Senate hearing for Brett Kavanaugh, there is the biggest disclosure bombshell of all.

It comes from Julie Swetnick. She knew Kavanaugh and his friend Mark Judge from high school days (1981-82).

As Ruth Brown reports in the New York Post:

" … [Swetnick] alleges she saw them [Kavanaugh, Judge] and their pals spike punch at house parties so that girls who drank it could be 'gang raped' by a "train' of boys." 

Swetnick states that she had been among the victims.

In addition, she notes that when intoxicated, allegedly Kavanaugh did unwanted touching of females. Than allegedly including "grinding."

Timing, as the old saying goes, is everything.

Give the high-profile of the Kavanaugh chaos, this series of allegations will be on the minds of everyone, including those directly in the loop, during the hearing tomorrow. That is, if Kavanaugh doesn't step down from the nomination before.

We can anticipate skits on late night shows this evening.

There will be someone simulated to look like the high school version of Kavanaugh adding substances to the punch bowl. Then he will stumble, drunk, to the balcony and throw up over the railing. A good time will be had by all who stay up late tonight.

Tomorrow is another situation.

If any of the allegations by the three women who have stepped forward are perceived or proved to be true, then supporters of Kavanaugh should be furious. With that kind of baggage, he should not have accepted the nomination. Even a history of out of hand drinking in his youth should have convinced him to stay out of the limelight and not go for the nomination.

And, of course, the question on everyone's minds is: Why is the vetting process for high-level appointments seemingly so flawed?

Attention is the currency of the 21^st century. Jane Genova helps you get it for products, services, points of view, causes, branding, careers after-50, and college admission. Free consultation janegenova374@gmail.com

 

Appeals Court Looking at Alleged Age Discrimination in Hiring - Meanwhile, How to Bypass Experience Caps

"The U.S. Court of Appeals for the Seventh Circuit … is weighing the scope of the federal Age Discrimination in Employment Act … Common employment practices such as campus recruiting and experience caps would be exposed to extensive litigation if job applicants are allowed to hold employers liable for age discrimination, a management-side lawyer argued." Erin Mulvaney, National Law Journal, September 6, 2018. Here is the article.

Traditionally, the legal mindset about ageism in the workplace has been focused on all the versions of termination.

A recent interesting lawsuit has been "Mullaugh v. JPMorgan." The estate of broker Michael A. Lorig contends forced retirement caused him to commit suicide. JPMorgan is accused of wrongful death.  Here is Bloomberg's coverage.

Now, the shift is to alleged discrimination in recruitment.

The legal spotlight has been cast on the issue by the litigation filed by Dale Kleber. Represented by AARP Foundation lawyer Dara Smith, Kleber contends he was denied an in-house lawyer position at CareFusion, at age 58, because of an experience cap.

That was seven years. Kleber has more than that. 

It is important to note that the plaintiff Kleber seems to be attempting to keep this review by the Seventh Circuit limited. Another issue has been campus recruiting, as presented in a class action lawsuit against PwC . Here Bloomberg covers "Rabin v. PwC." The defendant got the class action status shot down but that lawsuit isn't dead yet. Likely, more will sprout up.

Kleber's attorney Smith noted that campus recruiting would not be outlawed. In the PwC lawsuit, the plaintiff class claimed that the large accounting firm primarily recruited through interviewing on college campuses. That tended to prevent those over-40 from entering the formal recruitment process. 

However, the experience cap is, in itself, a major issue. In fact, I perceive it as bigger than campus recruiting.

In my coaching those over-50, most of those "between jobs" already understand that they have to downsize their experience.

Lots of experience can not only make them come across in the resume as "old."

It can render them unmarketable. For any number of reasons myriad employers back away from applicants with more than several years experience. Those reasons range from assuming the compensation will have to be high to fear they will bolt when more suitable work becomes available. Also, let's face it, America is tilted toward youth-everything. 

That downsizing can be done in a number of legal and ethical ways.

For example, the resume can be restricted to full-time employment, gig contracting, and self-employment in the last seven years.

Also, the nature of the experience can be reconfigured. What had been known as "ghostwriting" can now be identified as "social media content-provider." The applicant had only been focused on the latter for three years. 

Here is my new book, free to download, on how to land, hold, and move on to better work, despite aging  Download Outwitting ageism. The legal system moves slowly. Meanwhile, seasoned professionals have to pay their bills through working. 

Complimentary initial consultation for coaching. After that, sliding scale fees. Please set up an appointment through janegenova374@gmail.com. 

Suicide as Rational - The New Aging

In The New York Times, Paula Span brings to the surface what's been bubbling up among the aging and in think tanks such as the Hastings Center.

That's the notion of suicide as a rational solution to age-related problems. Those range from the slow onset of dementia to impaired mobility.

With religion losing its hold on our beliefs, more of us have decided it's our right to determine the terms and conditions of our lives as we pile on the years. According to the CDC, 8,200 of the aging, in one year, recently took their own lives. 

Of course, this option doesn't appeal to everyone. Some of those over-50 whom I coach are doing what it takes to plan for a long life, no matter what. That includes purchasing long-term care insurance (not cheap) and investigating retrofitting their houses for mobility challenges. 

The reason they came to me for career coaching was to ramp up their earned income so that they can afford longevity, despite health issues. Among my suggestions for increasing income were side hustles such as gig work and starting up small businesses.

Among the challenges associated with what has been called "self-deliverance" is the methodology. Most know enough about the law not to pull anyone else into the loop. That could saddle the "helper" with criminal charges. In "Boston Legal," partner Denny Crane frequently asked his close friend to shoot him if his "Mad Cow" aka dementia got worse. Friends don't ask friends to pitch in with self-deliverance.

The reality is that there are so many variables associated with the human body that it is all too easy to botch a suicide. That's the situation, even after research.

Those who fail can wind up in a psychiatric facility - and pariahs in society. 

Sadly, we have known those whose supposed fatal medication overdose or leap from a window wasn't successful. Many in their networks then isolated them. One wonders if there is a widespread delusion that suicide is contagious. 

One possibility is to do Suicide Tourism, that is travel to locations such as Switzerland where assisted suicide is legal. Not too long ago the media covered the journey there of 104-year-old Australian scientist David Goodall. He had enjoyed a very good life and was not going to endure his growing diminished capacity. Here is that story.

Another is to lobby as a group and on an individual basis for assisted suicide for the aging. With the weakened influence of the Roman Catholic Church in America, that initiative might have a better shot at passing on the state level. It would be less of a hassle and less expensive to travel from a socially conservative state to a more progressive one for professional assistance in self deliverance than to take the long trip abroad.

The overall belief in rational suicide is not strange to me. Like the Hemingways and Plaths (both Sylvia and son Nicholas committed suicide), my family seems to have a suicide gene or gene cluster. Five members, from ages 50 to 71, took their own lives. Aside from one, I assessed that their emotional pain was unbearable and self deliverance made sense. 

No, suicide shouldn't be encouraged. However, it shouldn't be shame-based. 

Communications Strategy/Services and Career Coaching. Special areas of expertise include professionals over-50 and students applying to degree programs in higher education.

 

Complimentary initial consultation. Sliding scale fees. Contact Jane Genova for an appointment janegenova374@gmail.com.

 

Discrimination - Litigation Remains Risky

It was an eye-bug.

The legal media reported that partner Connie Bertram had settled her gender discrimination lawsuit against employer Proskauer Rose and remained working as a partner there. In fact, she continued to maintain her leadership status in the firm's labor and employment department. 

My my, times had changed in the closed system of BigLaw.

Traditionally, no one would even dream of suing their employer. And, stay on afterward? Totally science fiction.

However, more recently, a number of female partners have not only filed gender bias lawsuits against their law firms. As Scott Flaherty reports in Law.com, they decided to remain working there as the litigation proceeded. 

For Kerrie Campbell, that wasn't for long.

Chadbourne & Parke, which became Norton Rose Fulbright, gave her the boot during the litigation process.

After settling, Campbell went on to start her own firm. In many circles, she is a hero. And a celebrity. She had spoken at Harvard. 

However, the more general issue of suing one's employer is fraught with complexity.

Take the situation of former employee at venture capital firm Kleiner Perkins - Ellen Pao.

She sued for gender-bias reasons. The trial was high profile. The jury acquitted the defendant. That verdict also was high profile.

As soon as it was out that she had filed the lawsuit she was a pariah in tech. The only employment she could land was at Buzzfeed. Soon enough she was gone. The media, including Vanity Fair, bashed her. She has tried a number of other career paths but essentially is nowhwerewoman. 

It remains wise for employees who perceive themselves as victims of injustice, including discrimination, to change jobs or open their own business.

Even in 2018, industry-blackballing exists. Also, it is well known that enduring the litigation process can cause extreme physical and emotional stress. In addition, given the legal system, litigation is always a wild card.

In my coaching older employees, including those toying with the idea of suing for age bias, I recommend other ways they can address the situation. Here is my book, free to download, on the kinds of demons which tend to overtake the thinking of seasoned professionals. The first coaching session is complimentary. Please contact janegenova374@gmail.com.

Communications Strategy/Services and Career Coaching. Special areas of expertise include professionals over-50 and students applying to degree programs in higher education.

 

Free initial consultation. Sliding scale fees. Contact Jane Genova for an appointment janegenova374@gmail.com.

Grandpa, Why Was Anyone a Catholic?

Pennsylvania Attorney General Josh Shapiro told that media that he had proof the Vatican had been aware of at least one sex abuse cover-up However, he didn't finger Pope Francis directly. Here are more details from Axios.

What we students of power know is that the Vatican is losing it - fast. That shift from pontificator to apologist invites attack. Soon enough the barbarians will be at the gate. 

For example, government whatevers could demand access to some of the priceless assets at the Vatican or at least to impose heavy taxes. 

Disenchanted Roman Catholics can stage brutal performance art around the Vatican. Everyone is media-savvy so that is bound to get coverage.

And, of course, Francis is toast. Maybe his loved ones back in Argentina can find him a little village to live out his last shame-filled days. 

Communications Strategy/Services and Career Coaching. Special areas of expertise include professionals over-50 and students applying to degree programs in higher education.

 

Complimentary initial consultation. Sliding scale fees. Contact Jane Genova for an appointment janegenova374@gmail.com.

We're Going to Be Saying Good-Bye to So Much ...

The big media story is the brandname institution which is collapsing. The includes the Nixon Administration, the Trump Empire, and now the Roman Catholic Church (RCC).

In a very short time, RCC went from a distressed organization to one which probably won't be able to find its way back.

The tipping point has been Archbishop Carlo Vigano's contention that Pope Francis knew of the sexual abuse issues surrounding Cardinal Theodore McCarrick and did nothing. 

These dog days of August have been pumped full of breaking news uppers. And, few in media are leaving their workstations. At any time, the Vatican could announce that Francis is stepping down. For a while now the RCC scandal has been the gift that keeps giving. 

Soon enough there will a replacement who supposedly will be healer. But likely neither the media nor the public will buy that. 

Donations to the RCC are already drying up. Without funding, that's the end. 

All those RRC buildings such as schools can be converted into nursing homes or WeWork space. 

Now and then a member of the media who majored in history in college will reflect on the wealth, influence, and power RCC once had.

But essentially the media will move on to the next gift that keeps giving.

It could be decline of blind faith in higher education.

Already, Google, Apple, and IBM no longer require a college degree to applying for jobs.

In addition, the lawsuit "Reitman v. Ronell/N.Y.U." is raising major questions about the nature and abuse of power in the university system in the U.S.

Student loan debt is putting a chokehold on GDP growth. Those saddled with it can't buy the houses, nice cars, and good vacations. 

It's no longer unthinkable that law schools will be replaced by the return of the apprentice system of training to become a lawyer. In itself, that might improve the quality of lawyering.

Meanwhile those sex abuse exposes at upscale prep schools are providing sturdy platforms from which to analyze what education has become in the U.S. Has way too much value been put on it? And has it imposed mindset categories that are limiting? 

Communications Strategy/Services and Career Coaching. Special areas of expertise include professionals over-50 and students applying to degree programs in higher education.

 

Complimentary initial consultation. Sliding scale fees. Contact Jane Genova for an appointment janegenova374@gmail.com.

Grandma, Were You Really a Catholic?

This could be the Watergate of the Roman Catholic Church.

Former Vatican ambassador to the U.S. - Archbishop Carlo Vigano - asserts that Pope Francis knew of the allegations about sex abuse associated with Cardinal Theodore McCarrick. As Axios reports, the mandate for Francis to resign is out there. 

The issue is: What did Francis know and when did he know it.

If he knew "it" and did nothing, then he will have to do the Exit of Shame, the same one Richard Nixon did.

But, unlike America post-Watergate, the Roman Catholic Church might not bounce back. It could totally collapse. The only part remaining would be as a chapter in a book about the history of religions which no longer exist.

That seems probable. It doesn't seem like Roman Catholicism can ever recover from the scandal in Pennsylvania.

It's in the self-interest of Catholic institutions around the world to rebrand as faith-based.

Faith-based sells. There is an aura about it.

In contrast, Roman Catholicism has become the brand of the bad guys. 

Several years ago when Seton Hill University, Greensburg, PA (based in one of the six counties where the PA clergy sex abuse scandal took place) was in transition, I recommended that was an ideal time to shift to faith-based.

The long-term president has retired, then soon died. There was an interim one. 

Seton Hill is a Catholic liberal arts institution in a rural area. That makes it vulnerable to going out of business if and when the bubble bursts in higher education. The pool of the college aged is smaller. And recently Apple, Google, and IBM ended the requirement that a college degree was necessary to apply for a job. Those two can be game-changers. 

Meanwhile all Catholic organizations have the public relations burden of explaining what their values are and owning up to sins, mortal and venial, of the past. I perceived myself greatly sinned against when I matriculated as a needy student at Seton Hill.

Like those abused by clergy, I  felt like I was a target for the nuns of the order of the Sisters of Charity.

For decades I couldn't shake that scapegoat status.

During the last six years a Buddhist monk is helping me love who I am, as I am.

Those representing people, places, and things associated with the Roman Catholic Church, such as law firm Jones Day, also must lay bare their values.

Jones Day is the law firm of record for Cardinal Donald Wuerl. We demand to hear the legal doctrine why everyone deserves a defense. 

Many jobs will be lost during Catholicism's version of Watergate. Of course, on their resume they should describe their former employment as with a faith-based, not Roman Catholic, organization. 

Those over-50 can read my book, free, on how to land, hold, and move on to better work  Download Outwitting ageism.

Communications Strategy/Services and Career Coaching. Special areas of expertise include professionals over-50 and students applying to degree programs in higher education.

 

Complimentary initial consultation. Sliding scale fees. Contact Jane Genova for an appointment janegenova374@gmail.com.